Johnny's Plumbing & Heating, Inc. v Garson Brothers Con
Motion No: 2007-00208
Slip Opinion No: 2009 NY Slip Op 80563(U)
Decided on August 13, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M90737

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2007-00208

Johnny's Plumbing & Heating, Inc., appellant,

v Garson Brothers Construction, LLC, et al.,

respondents.

(Index No. 05-82818)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Westchester County, entered November 16, 2006, which was determined by decision and order of this court dated June 2, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court